Muriuki v DPP [2023] KEHC 26528 (KLR)

Muriuki v DPP (Criminal Application E127 of 2023) [2023] KEHC 26528 (KLR) (4 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26528 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Application E127 of 2023

SM Mohochi, J

December 4, 2023

Between

Geoffrey Mwangi Muriuki

Applicant

and

Dpp

Respondent

(Application dated 2nd July, 2019 and the same was heard and delivered on 18th October, 2018 Criminal Case 81 of 2010 )

Ruling

1. The Applicant by an undated Notice of Motion supported by a sworn affidavit (undated) filed an application seeking that the sentence runs from the date of arraignment before Court.

2. And the Applicant seeks that the Court considers his mitigation and substitute his current sentence with a probation term.

3. This Court directed on the 6th November, 2023 that parties file written submissions to dispose off the application.

4. I have considered the application and find no merit at all.

5. Firstly, the Applicant had filed a similar application dated 2nd July, 2019 and the same was heard and delivered on 18th October, 2018.

6. Judge Ngugi considered the mitigation finding the sentence appropriate under the circumstances.

7. The Court has no jurisdiction to further review the sentence.

8. The application is thus without merit and is accordingly dismissed.

DATED, SIGNED AND DELIVERED AT NAKURU ON THIS DAY OF 4TH DAY OF DECEMBER, 2023. .............................S. MOHOCHIJUDGE